The Noncompete Of Post-employment Economic Compensation Studies

With the development of society, the flow of talent is becoming increasingly frequent, and trade secrets infringement disputes arising from constantly. Employers to protect their own commercial secrets through the system of post-employment prohibition of business strife to limit the free choice of employment of displaced workers, but it also raised a conflict between them and the employees, the interests of society.Economic compensation as an employee resigns to comply with no competition obligations on the price, in the balance the interests of the various parties plays an important role in the conflict. At present, our country legislation does not make clear provision for reasonable standard of economic compensation, an employee is in a weak position without reasonable compensation occurred from time to time, even if the agreed compensation with employers, often do not have access to effective implementation.This paper described in the system of economic compensation of post-employment prohibition of business strife for the meaning, legal nature and legitimacy basis, combined with the overseas related legislation, to discuss issues related to our employee economic compensation of post-employment prohibition of business strife, the relevant legislation and practice aspect in analytical at the same time, made some reasonable proposals of the personal.The full text is divided into five parts:The first part from the concept of post-employment prohibition of business strife and restrictive contractual obligation, paid the obligation not to act, the characteristics of the two legitimate interests of balance, as the advance prevention means the system of post-employment prohibition of business strife was briefly discussed.The second part provides an overview of the meaning of post-employment prohibition of business strife economic compensation, as an employee of the prohibition of business strife on the price, of its legal nature to be defined and described the legitimacy of the basis of its existence.The third part presents our country post-employment prohibition of business strife economic compensation for the current legislation, combined with related judicial cases, analyze the impact on the effectiveness of the prohibition of business strife agreement and economic compensation, the current single standard legislative argument on the basis of calculation, calculation methods to explore, and the payment method briefly discussed.The fourth part comparative analysis of foreign countries and regions to post-employment prohibition of business strife economic compensation legislation and judicial precedents, doctrine, and its inspiration on China’s legislationThe fifth part from the establishment of the prohibition of business strife economic compensation for the statutory double minimum standards and to the highest bidder to limit the effectiveness of explicit compensation terms of the prohibition of business strife agreement, the legal responsibilities and obligations of the employer to be clear in three aspects of perfect prohibition of business strife against economic compensation legislative proposals...